2G scam: Delhi HC fixes October 5 as date for hearing of appeals by CBI, ED

The Delhi High Court on Tuesday decided to expedite its hearing on appeals by the CBI and the Enforcement Directorate against acquittal of then Union Minister A Raja, DMK MP Kanimozhi and others in the 2G scam case in 2017.

The court said though records of the case are voluminous, advanced technology could be used in holding the hearing through video conferencing, saying it is "folly not to make an attempt and to sit idle abdicating one’s duty".

Acting on early hearing plea by the CBI and the ED, Justice Brijesh Sethi, who is to demit office on November 30, fixed October 5 as the date for starting day-to-day hearing in the matter, which could not be taken up since March 2020, due to Covid-19 pandemic.

The court rejected contentions by the counsel for accused, that there was no need for out of turn hearing. Further, the records of the case were voluminous, which would be difficult to refer to during the hearing through video conferencing. They also asked why their case should be given preference over appeals in which accused persons are in jails.

"No doubt there may be delay in filing the applications for early hearing; no doubt the documents are voluminous in nature; no doubt the evidence runs into thousands of pages; no doubt one of the judgment also runs into 1,552 pages, but that does not mean that this should deter this court in hearing the criminal leave petitions," the court said.

The judicial discipline demands that the judge should do his duty and must not succumb to pessimism and it is not expected from him to sit leisurely with his pen down and to say that he will not hear the cases because the record is voluminous and the time at his disposal is limited, Justice Sethi added.

The agencies contended that the matter was of great public importance involving issues of integrity amongst the government functioning. They said the case has put the country in a vulnerable position globally, and therefore, these petitions should be heard and decided early to maintain deterrent effect on the society.

They also pointed out since Justice Sethi was to demit office on November 30 and if arguments remain inconclusive, they will have to address the arguments afresh.